JUDICIAL ADMINISTRATION.
By an Order in Council on 14 September, 1878, powers were given for the
administration of Cyprus by a High Commissioner appointed by Her
Majesty, together with a Legislative Council constituted according to
Clause VI. :-
"The Legislative Council for the said island shall consist of the High Commissioner for the time being, and of such other public officers and persons within the same, not being less than four or more than eight in number, as shall be named or designated for that purpose by her Majesty."
In Clause XXI. :-
"The High Commissioner may constitute and appoint all such Judges, Justices of the Peace, and other necessary officers in the said island as may lawfully be appointed by her Majesty, all of whom shall hold their offices during her Majesty's pleasure."
It was agreed with the Porte :-
"I. That a Mussulman religious tribunal (Mehkemei Sheri) shall continue to exist in the island, which will take exclusive cognizance of religious matters, and of no others, concerning the Mussulman population of the island.
"II. That a Mussulman resident in the island shall be named by the Board of Pious Foundations in Turkey (Evkaf) to superintend, in conjunction with a delegate to be appointed by the British authorities, the administration of the property, funds, and lands belonging to mosques, cemeteries, Mussulman schools, and other religious establishments existing in Cyprus."
The Turkish law courts were preserved in their original construction under the supervision of the Commissioners of the six districts:— Lefkosia, Larnaca, Famagousta, Baffo, Limasol, Kyrenia. These courts are the Idari and Daavi, the Temiz or supreme court sitting in Lefkosia. The Idari and Daavi courts exist independently in each district. The Cadi is judge in the Idari, which is composed of three Mussulmans and two Christians elected by the population, and this court is specially presided over by the British Commissioner, and all cases in detail are translated and entered in the register. The Daavi Medjlis or court consists of five members—the Cadi, two Mussulmans, and two Christians.
An appeal from the decisions of these courts can be made to the High
Court of Temiz at Lefkosia, the decision of which is final, only subject
to the influence of Clauses XXII. and XXIII. in powers granted to the
High Commissioner by Order in Council of 14 September, 1878 :-
"XXII. The High.Commissioner may, as he shall see occasion, in her Majesty's name and on her behalf, grant to any offender convicted of any crime, in any court, or before any Judge, Justice, or Magistrate within the said island, a free and unconditional pardon, or a pardon subject to such conditions as may at any time be awfully thereunto annexed, or any respite of the execution of the sentence of any such offender for such period as to him may seem fit."
"XXIII. The High Commissioner may, as he shall see occasion, in her Majesty's name and on her behalf, remit any fines, penalties, or forfeitures which may accrue or become payable to her, provided the same do not exceed the sum of fifty pounds sterling in any one case, and may suspend the payment of any such fine, penalty, or forfeiture exceeding the sum of fifty pounds until her Majesty's pleasure thereon shall be made known and signified to him."